Limited Warranty Disclaimer of Warranties. Licensor warrants that it has the legal right and title to grant the license rights under this Agreement to Licensee (“License Rights”). While the Licensor has tried to ensure that the Software Product is accurate and free from defect, it is provided “as is” without warranty of any other kind, except for a warranty breach for License Rights. Licensee and its affiliates assume the entire risk as to the results and performance of the Software Product. EXCEPT FOR LICENSE RIGHTS, TO THE EXTENT NOT RESTRICTED BY APPLICABLE LAWS, LICENSOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO INSTITUTION ON ACCOUNT OF ITS USE OR MISUSE OF AND RELIANCE ON LOCKDOWN BROWSER. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF RESPONDUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON LOCKDOWN BROWSER, FROM INABILITY TO USE, INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SOFTWARE PRODUCT. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Limited Warranty Disclaimer of Warranties. (a) EXCEPT AS OTHERWISE PROVIDED HEREIN, THE TRANSITION SERVICES ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NON-INFRINGEMENT. (b) SERVICE PROVIDER IS ACTING AS ROVER’S PURCHASING AGENT OR OTHERWISE AS A RESELLER WITH RESPECT TO ALL THIRD PARTY SERVICES, GOODS, INVENTORY AND EQUIPMENT PROVIDED HEREUNDER BY THIRD PARTIES OTHER THAN SERVICE PROVIDER’S AFFILIATES, AND, AS SUCH, DOES NOT PROVIDE ANY WARRANTY FOR SUCH THIRD PARTY SERVICES, GOODS, INVENTORY OR EQUIPMENT PROVIDED TO ROVER HEREUNDER. ALL SUCH THIRD PARTY SERVICES, GOODS, INVENTORY AND EQUIPMENT ARE PROVIDED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY OF NON-
Limited Warranty Disclaimer of Warranties. 7.1 Zerto warrants that (i) it has the right to grant the licenses to the Software; (ii) the Software will substantially conform in material respects to the Zerto Virtual Manager Administration Guide made available to You during the installation process; and (iii) It is the owner of, or has the right to license, copyright, in the Software and the Zerto Virtual Manager Administration Guide. This limited warranty is not transferable and extends only for thirty (30) days from the delivery date of the Software. This limited warranty does not cover damages, defects, malfunctions or failures caused by any unauthorized modification of the Software by You, or Your agents; any abuse, misuse or negligent acts of You; modification by You of any interfaces or any software or hardware interfacing with the Software; or any failure by You to follow Zerto’s installation, operation or maintenance instructions.
Limited Warranty Disclaimer of Warranties. Limited Liability
Limited Warranty Disclaimer of Warranties. In the case of goods sold by Seller with a separate written warranty, that warranty shall apply. Otherwise, the Seller warrants only that (i) goods shall be manufactured in accordance with Seller’s specifications and (ii) services shall be performed as specified. THE WARRANTY PROVIDED ABOVE IS THE ONLY WARRANTY PROVIDED BY SELLER AND IS IN PLACE OF AND TO THE EXCLUSION OF ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH EXPRESSLY EXCLUDED. In no event shall AFCAT Group, INC be responsible for goods manufactured by other parties; such goods shall carry only the warranty of the manufacturer.
Limited Warranty Disclaimer of Warranties a) The workmanship, material, and performance of the Products are warranted to be commensurate with the levels established in the applicable documents or specifications referenced on the Purchase Order and issued by public or private bodies with duly constituted authority and in the absence of specific reference to such documents or specifications to be free of material defects in workmanship and materials. If reported defects in material or workmanship are substantiated by Seller, such parts and materials as are affected will be replaced or repaired by Seller at its discretion. This warranty is limited to defects which arise within thirty (30) days of the date of delivery.
Limited Warranty Disclaimer of Warranties. The sole remedy available to Buyer with respect to defects in any Products sold by Seller will be against the manufacturer under any applicable manufacturer’s warranty to the extent available to Buyer. TO THE EXTENT THE MANUFACTURER WARRANTY IS NOT TRANSFERABLE TO BUYER, SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO OR IN ANY WAY RELATING TO THE PRODUCTS, WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
Limited Warranty Disclaimer of Warranties. A. Company warrants that all Services will be performed in a workmanlike manner and in compliance with applicable laws and regulations.
Limited Warranty Disclaimer of Warranties. Subject to the limitations of Section 11, Service Provider warrants that it will perform the Services as described in the Agreement and will exercise all reasonable skill, care and due diligence in the performances of the Services and shall perform the Services in accordance with professional practice. To the extent assignable, Service Provider assigns to Customer any warranties that are made by manufacturers and suppliers of Materials. EXCEPT AS SPECIFIED ABOVE, MATERIALS FURNISHED HEREUNDER ARE FURNISHED AS-IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE warranties set forth in this section 10 AND, IF APPLICABLE, AS SET FORTH IN THE SLA (DEFINED BELOW), ARE the sole and exclusive warranties given by service provider with respect to the services and Materials and ARE in lieu of and exclude all other warranties, express or implied, arising by operation of law or otherwise, including without limitation, INFRINGEMENT, merchantability and fitness for a particular purpose whether or not the purpose or use has been disclosed to service provider in specifications, drawings or otherwise. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Service Provider’s), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Service Provider. To the extent that Customer or its agents have supplied specifications, information, representation of operating conditions or other data to Service Provider in the selection or design of the Services and/or Materials and the preparation of Service Provider’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Customer, any warranties or other provisions contained herein that are affected by such conditions shall be null and void.
Limited Warranty Disclaimer of Warranties. Fulcrum represents that the mobileOne iOS Library, in the form originally purchased or downloaded by Licensee, will materially conform to the applicable accompanying documentation, and its media will be free from defects in the workmanship. However the mobileOne iOS Library is provided on an "AS IS" basis and Fulcrum shall in no event warrant the performance or results you may obtain by using the mobileOne iOS Library. Fulcrum declares that the mobileOne iOS Library shall have no bugs or other non-conformances. However if you find any defects in the mobileOne iOS Library or its documentation, Fulcrum’s liability is limited to correction of the defect within 30 (thirty) days of receiving written notice or, in case that this is not possible to correct the defect to refund the purchase price of the mobileOne iOS Library. EXCEPT FOR THE LIMITED WARRANTIES ABOVE, FULCRUM AND ITS DISTRIBUTORS OR RESELLERS MAKE NO OTHER EXPRESS OR IMPLIED WARRANTIES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPECIFICALLY DISCLAIM ALL WARRANTIES OF EVERY TYPE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, SUPPORT SERVICES, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH REGARDS TO THE MOBILEONE IOS LIBRARY. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF SUCH IMPLIED WARRANTIES IS LIMITED TO 90 DAYS FROM THE DATE OF PURCHASE. If an upgrade or update to the mobileOne iOS Library is delivered with a new warranty period, then the terms of such new warranty period will apply only to the upgraded mobileOne iOS Library, and not the original mobileOne iOS Library. Any replacement mobileOne iOS Library will be warranted for the remainder of the original Software Warranty Period or thirty (30) days, whichever is longer. Fulcrum's sole obligation and Licensee’s exclusive remedy under the limited warranties above shall be, at Fulcrum's option, either a refund of the price paid (if any), or replacement of the mobileOne iOS Library that does not meet the Fulcrum limited warranty, and that is returned to Fulcrum with a copy of Licensee’s receipt or other such acceptable proof of purchase.
